Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of the christmasoflight.com website located at christmasoflight.com (the “Site”) and any related services, features, content, or applications offered by christmasoflight.com (“we,” “us,” or “our”). Please read these Terms carefully before using our Site.

By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Site.

1. Intellectual Property Rights

Unless otherwise indicated, the Site and all content and other materials on it, including, without limitation, our logo, and all designs, text, graphics, pictures, information, data, software, sound files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of christmasoflight.com or our licensors or users and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site and Content for your personal, non-commercial use only. No right, title, or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by christmasoflight.com.

2. User Representations

By using the Site, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms; (d) you are not a minor in the jurisdiction in which you reside; (e) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; and (f) your use of the Site will not violate any applicable law or regulation.

3. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Sell or otherwise transfer your profile.

5. User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, or publish content or materials to us or on the Site (“Contributions”).

Any Contributions you transmit will be treated as non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant that:

  • The creation and distribution of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Contributions.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions do not advocate the violent overthrow of any government.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.

You retain full ownership of all your Contributions. However, by posting Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, and display such Contributions for any purpose.

We have the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice.

6. Third-Party Websites and Content

The Site may contain links to other websites and articles, photographs, and other content belonging to or originating from third parties. Such Third-Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Content accessed through the Site.

7. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; (3) refuse, restrict access to, or disable any of your Contributions; (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

8. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States.

9. Term and Termination

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

11. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in [County, State] for any actions not subject to arbitration.

12. Dispute Resolution

Informal Negotiations. The parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration. Any dispute arising out of or in connection with these Terms shall be finally settled by binding arbitration. The arbitration shall be conducted in [County, State], in accordance with the rules of the American Arbitration Association.

Restrictions. The parties agree that any arbitration shall be limited to the dispute between the parties individually.

Exceptions to Informal Negotiations and Arbitration. The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any disputes seeking to enforce or protect intellectual property rights; and (b) any claim for injunctive relief.

13. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

14. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

15. Limitations of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE.

16. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and/or your breach of these Terms.

17. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. You are solely responsible for all data that you transmit. You agree that we shall have no liability to you for any loss or corruption of any such data.

18. Electronic Communications, Transactions, and Signatures

Using the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

19. Miscellaneous

These Terms and any policies posted by us on the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. We may assign our rights under these Terms without your consent.

20. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us via our contact form available at christmasoflight.com.